All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. The Defendant C (hereinafter “Defendant Cooperative”) was duly established in accordance with the Act on the Consumer Life Cooperative and operated by the Defendant Cooperative. The Nwon established by the Plaintiff Cooperative was also established and operated normally.

Therefore, in the process of the establishment of the Defendant Union, only if there is a minor procedural defect in which the Defendant A inevitably paid a part of the members’ contributions to the Plaintiff Union, Defendant A and B conspired to establish a medical institution to engage in the Medical Service Act.

shall not be assessed.

2) The Defendant association cannot be deemed to have committed fraud against the National Health Insurance Corporation solely on the basis of the fact that there is a minor procedural defect in the process of establishing the Defendant association, as it was duly established and operated by the National Health Insurance Corporation, and that there is a minor procedural defect in the process of establishing the Defendant association.

Even if the crime of fraud is established, Article 57(2) of the National Health Insurance Act, which provides that the person who established a medical institution shall return insurance benefits received by him/her in violation of the Medical Service Act, was enforced from May 22, 2013, and thus, the travel expenses paid prior to such act of fraud should be excluded from the amount of fraud.

B. The sentence sentenced by the lower court to the Defendants (one and half years of imprisonment for each of the Defendants A and B, two years of suspended execution, and fine of three million won for the Defendant Union) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendants alleged that the Defendants were identical to the grounds for appeal under this part of the judgment below, and the lower court’s determination is formally constituted Defendant A and B’s association by establishing one Council at its own cost and responsibility.